CCPR/C/119/D/2259/2013
provisions of Ordinance 06-01 of 27 February 2006 and subsequent texts related to the
issue of disappeared persons in the Charter for Peace and National Reconciliation confirms
the support of over 85 per cent of relatives of victims or their beneficiaries.
4.5
The State party then emphasizes the nature, principles and content of the Charter for
Peace and National Reconciliation and its implementing texts. Far from the stereotypes and
harsh judgments that depict the Charter as an impediment to the procedure for establishing
truth and administering justice, it is, rather, an internal national mechanism for dealing with
and ending the crisis that has been submitted for public approval and adopted by
referendum. The State party first describes the origins and main characteristics of the
Algerian crisis in order to assess the impact of implementation of the Charter. The Charter
has been introduced against the background of a political and security crisis that has shaken
the country, described as the “Great Fitna”, with reference to the historical and religious
concept of the deep discord that existed within the community of Islam after the death of
the Prophet. The preamble of the Charter suggests that the “Great Fitna”, which attempted
to “divert Algeria’s development from its natural course”, constituted a “criminal
aggression aimed at calling into question the very existence of the national State”, resulting
in a “national tragedy” that took “a terrible bloody toll” of the people by means of “barbaric
terrorism” acting “in contradiction with the true values of Islam and the Muslim traditions
of peace, tolerance and solidarity”. The Ordinance and the four implementing decrees are
intended to respond to the “Great Fitna” and prevent any repetition of it through the
adoption of political, legal and socioeconomic measures. The implementing Ordinance
prescribes legal measures involving the discontinuance of criminal proceedings and the
commutation or remission of sentences for any person who has been found guilty of acts of
terrorism or who is benefiting from the provisions of the legislation on civil dissent, except
for persons who have committed or been accomplices in mass killings, rapes or bombings
in public places. The Ordinance also introduces a procedure for filing a judicial declaration
of death, which entitles beneficiaries to receive compensation as victims of the “national
tragedy”. Social and economic measures have also been put in place, including the
provision of employment placement assistance and compensation for all persons considered
to be victims of the “national tragedy”. Finally, the Ordinance prescribes political measures,
such as a ban on political activity for any person who exploited religion in the past in a way
that contributed to the “national tragedy”, and establishes the inadmissibility of individual
or collective proceedings brought against members of any branch of the defence and
security forces of Algeria for actions undertaken to protect persons and property, safeguard
the nation and preserve its institutions.
4.6
In addition to the establishment of a fund to compensate all victims of the “national
tragedy”, the sovereign people of Algeria have, according to the State party, agreed to begin
a process of national reconciliation as the only way to heal the wounds inflicted. The State
party insists that the proclamation of the Charter for Peace and National Reconciliation
reflects a desire to avoid confrontation in the courts, media outpourings and political scoresettling. The State party is therefore of the view that the authors’ allegations concerning the
period of the national tragedy are covered by the comprehensive domestic settlement
mechanism provided for in the Charter.
Author’s comments on the State party’s observations
5.1
On 16 July 2015, the author submitted her comments on the State party’s
observations.
5.2
The author emphasizes that the State party’s observations are inappropriate and
obsolete, given that they are addressed to another body concerned with the promotion and
protection of human rights (the Working Group on Enforced or Involuntary Disappearances)
and are dated July 2009. The author further emphasizes that the State party’s observations
do not deal at all with the admissibility of the communication, the particulars of the case or
the remedies sought by the victim’s family and therefore demonstrate the Algerian
authorities’ disregard and disdain for this procedure.
5.3
Recalling that none of the remedies sought have led to a thorough investigation or
criminal proceedings and that the Algerian authorities have failed to provide tangible
evidence of any real efforts to locate Brahim El Boathi and identify those responsible for
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